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| Michael L. Kinch, At-Large | |
| Council President | |
| James K. Metivier, District 1 | Scott R. Schmitt, District 4 |
| Council Member | Council President, Pro Tem |
| Timothy C. Magill Jr., District 2 | Robert G. Shaw, Jr., District 5 |
| Council Member | Council Member |
| Lisa A. Beaulieu, District 3 | Peter J. Bradley, At-Large |
| Council Member | Council Member |
MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL
WEDNESDAY, AUGUST 17, 2022 AT 7:30P.M.
CUMBERLAND TOWN HALL, EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS
45 BROAD STREET, CUMBERLAND
VIRTUAL - OPEN SESSION
CALL TO ORDER
The regular meeting was called to order at 7:40pm with a roll call of members
MEMBERS PRESENT:
In person: President Kinch, Councilors Bradley, Magill, Shaw, Metivier, and Beaulieu.
Absent: Councilor Schmitt.
Also present—Mayor Jeffrey J. Mutter; Outreach Coordinator Sarah King; Town Clerk Sandra M. Giovanelli; DPW Director Joe Duarte, Water Superintendent Bill Descoteaux
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
There were none
CONSENT AGENDA
A. Acceptance of Minutes of the Regular Meeting of July 20, 2022
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0
B. COMMUNICATIONS
1. C-22-38 – A resolution from the Town of Tiverton requesting a ballot question related to “Cannabis related Licenses”
C. MUNICIPAL MOBILE FOOD ESTABLISHMENTS
6. Rockwell Amusements & Promotions
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0
PUBLIC COMMENTS
There were none.
LICENSES
ENTERTAINMENT LICENSE
1. An application for a special event entertainment license from The Historic Metcalf Franklin Farm Preservation Association for their Fall Harvest Festival, tractor show to be held on Saturday, September 24th, 2022; rain date September 25th
Rob Mudge, 28 Tanglewood Drive, and Josh O’Neill, 1 Teakwood Drive, were present to speak to the application.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING INSURANCE CERTIFICATE, PROMOTER’S PERMIT AND FINAL TENT INSPECTION BY FIRE AND BUILDING DEPARTMENTS. VOTE 6/0
2. An application for a special event entertainment license from Our Lady of Fatima Church for Our Lady of Fatima Annual Feast located at 1 Fatima Drive, to be held September 2nd thru September 4th, 2022.
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING FINAL TENT INSPECTION BY FIRE AND BUILDING DEPARTMENTS. VOTE 6/0
3. An application for a special event entertainment license from the Cumberland Library for Music at the Monastery on August 17, 2022 from 6:30p.m. to 8:00p.m.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0
The next three licenses were taken together, and it was noted that these licenses should have been listed as transfers.
4. A transfer application for an entertainment license from Jason Macari of Phantom Farms II, LLC, d/b/a Phantom Farms, 2920 Diamond Hill Road. Pending permit to make sales at retail.
Mr. Macari was present via Zoom to speak to the Council.
B. VICTUALLING LICENSE
1. A transfer application for a 5th class victualling license from Jason Macari of Phantom Farms II, LLC, d/b/a Phantom Farms, 2920 Diamond Hill Road. Pending final Department of Health approval
C. HOLIDAY LICENSE
1. An transfer application for a Holiday license from Jason Macari of Phantom Farms II, LLC, d/b/a Phantom Farms, 2920 Diamond Hill Road. Pending permit to make sales at retail.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING PERMIT TO MAKE SALES AT RETAIL AND FINAL DEPARTMENT OF HEALTH APPROVAL. VOTE 6/0
REPORTS/COMMUNICATIONS
A. Report of Executive Session vote(s), as may be necessary
There were none.
B. A request from the Tax Assessor to review and approve July 2022 abatements and supplemental bills
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT UNANIMOUSLY VOTED TO APPROVE THE REAL ESTATE SUPPLEMENTAL BILLS FOR 2005 THROUGH 2022 FOR 148 TITUS STREET IN THE AMOUNT OF $8,751.04. VOTE 6/0.
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2022 REAL ESTATE SUPPLEMENTALS IN THE AMOUNT OF $20,553.81. VOTE 6/0.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2022 REAL ESTATE ABATEMENTS IN THE AMOUNT OF $5,706.69. VOTE 6/0.
C. Update from the School Committee
Denis Collins, 5 Wedgewood Drive, reported that construction work was finishing up at Cumberland Hill in preparation for a new school year. Garvin School renovations have begun; temporary classes will be held in the Cumberland High School Trans building. School begins Tuesday, September 6, 2022.
Mayor Mutter commended the Highway Department with their work to provide additional parking at B.F. Norton.
D. Monthly/Quarterly Financial Report ending July 31, 2022.
Budget to Actual
Mayor Mutter commented briefly on the budget.
E. Check registers for July 31, 2022
F. Department Reports
1. Animal Control
3. Library
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING
1. #22-05A – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended amending the Ordinance and map thereof with reference to Cumberland Assessor’s Plat 016, Lot 0893 (last tabled from July 20, 2022)
Councilor Beaulieu reported that upon the applicant’s request for a continuance, the Ordinance Sub Committee tabled this to their next meeting,
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO OCTOBER 5, 2022. VOTE 6/0
2. #22-11 – An amendment to the Cumberland Comprehensive Plan to support the Ann & Hope Mixed Use Zoning District (Tabled from July 20, 2022))
It was reported that the Ordinance Sub Committee favored passage on a vote of 3/0; the petitioner has requested a continuance to September 7, 2022.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO SEPTEMBER 7, 2022. VOTE 6/0
3. #22-12 – An amendment to the Town of Cumberland Zoning Ordinance to add the Ann & Hope Mixed Use District for property identified as Assessor’s Plat 11, Lot 159 (Tabled from July 20, 2022)
It was reported that the Ordinance Sub Committee favored passage on a vote of 2/1, with Councilor Metivier voting in the negative; the petitioner has requested a continuance to September 7, 2022.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO SEPTEMBER 7, 2022. VOTE 6/0
4. #22-13A – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending the Ordinances and map thereof with reference to Cumberland Assessor’s Plat 7, Lot 0237 (Tabled from July 20, 2022)
The Ordinance Sub Committee has continued this matter to their next meeting, no action was taken.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO SEPTEMBER 7, 2022. VOTE 6/0
5. #22-21 – An ordinance establishing and implementing a program of tax stabilization for the redevelopment of the Ann & Hope Mill, located at 100 Ann & Hope Way, and improvements thereupon, and the operation and maintenance of residential, commercial, retail or office users thereupon.
The Ordinance Sub Committee has had no discussion on this matter and voted 3-0 to continue it to their next meeting.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO SEPTEMBER 7, 2022. VOTE 6/0
6. #22-22 – An ordinance relating to cutting trees in Town Parks (Presented by the Council President on behalf of the Administration)
It was reported that the Ordinance Sub Committee favored passage on a vote of 3/0.
Public hearing opened at 8:03pm
Solicitor Morris-Salvatore gave a brief overview of the ordinance.
Councilor Bradley asked if we had a tree warden. Mayor Mutter stated that soon a recommendation for an individual would come before the Council
Resident Deborah Vine Smith noted that she had sent several emails to the Council about State laws relating to this matter.
Public hearing closed at 8:10pm.
Mayor Mutter spoke briefly about the proposed ordinance and what individuals would be responsible for jointly researching and approving any tree removal.
Glenn Modica Town Planner stated for the record that there had been consultation with and approval from DEM prior to the cutting of the Norway maple trees, an invasive species, in Valley Falls Heritage Park; and DEM had requested that the town subsequently replant 25 trees of an appropriate species.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 6/0
President Kinch asked if there were no objections, New Business Resolution R-22-65 would be taken out of order and heard next:
3. R-22-65 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a contract with Epsilon Associates in an amount not to exceed eight thousand dollars ($8,000.00)
Town Planner Glenn Modica stated that of the ten bid requests sent out only one firm had responded. The Planning Department does feel this is a good fit; and gave a brief explanation. About 30 Arnold Mills properties could fall under a historic designation.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0
The Council returned to the ordinances:
7. #22-23 – An ordinance relating to the requirements for applicants for police position
Police Chief Benson gave an overview of his request for an amendment to this ordinance.
It was reported that the Ordinance Sub Committee favored passage on a vote of 3/0.
Public hearing opened at 8:14pm
Public hearing closed at 8:25pm
MOTION BY COUNCILOR KINCH, SECONDED BY COUNCILOR MAGILL, TO AMEND LINE 34 TO ADD A SUNSET CLAUSE TO REVIEW THIS ORDINANCE IN TWO YEARS, CHANGE IT FROM SECTION THREE (3) TO SECTION TWO (2), AND AMEND THE END OF LINE 35 TO READ “…AND SHALL REMAIN IN EFFECT UNTIL OCTOBER 18, 2024 WHEN THE TOWN COUNCIL WILL REVIEW FOR ANY APPROPRIATE AMENDMENTS”, BY A ROLL CALL. VOTE 5/1 Nay: Councilor Bradley
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED BY A ROLL CALL. VOTE 5/1
Nay: Councilor Bradley
B. RESOLUTIONS
1. R-22-41 – A resolution related to abandoning a portion of Powhatan Road (Tabled from July 20, 2022)
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO SEPTEMBER 7, 2022. VOTE 6/0
2. R-22-42 – A resolution relating to the abandonment of Study Hill Road (Tabled from July 20, 2022)
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO SEPTEMBER 7, 2022. VOTE 6/0
NEW BUSINESS
A. APPOINTMENTS
WATER SUPERINTENDENT
1. Romeo Mendes
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0
ASSISTANT ANIMAL CONTROL OFFICER
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0
B. CLAIMS
Referred to the Finance Sub Committee
C. RESOLUTIONS
1. R-22-63 – A resolution authorizing Mayor Jeffrey J. Mutter to Execute an Amendment to Conveyance of Easements and Restrictions relating to Franklin Farm
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0
2. R-22-64 – A resolution ratifying the contract with Automatic Temperature Controls, Inc, in the amount of Twelve Thousand, One Hundred Nineteen Dollars ($12,119.00) as an Emergency Purchase
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS BEAULIEU & METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0
3. R-22-65 – Heard earlier
4. R-22-66 – A resolution authorizing the purchase of a Variable Frequency Drive for an amount not to exceed Twenty-three Thousand Six Hundred Sixty-Six Dollars and Zero Cents ($23,666.00) from Harbor Controls for the Cumberland Water Department.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0
5. R-22-67 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to engage the Service of R.I. Tax Titles, Inc.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0
ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE
1. 22-24 – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending the Ordinances and map thereof with reference to Cumberland Assessor’s Plat 052, Lot 0353
Due to an incorrect lot number on the presented ordinance, this matter will be reintroduced at the next meeting on September 7, 2022.
2. 22-25 – An ordinance amending the Zoning Ordinance and Zoning Map relating to Assessor’s Plat 24, Lots 14 and 409, and Assessor’s Play 25, Lot 22
Referred to the Ordinance Sub Committee
PUBLIC COMMENTS
Ted Vecchio, requesting that at the next meeting there be a discussion on plans for distribution of the APRA funds.
Mr. Vecchio also commended the Police Chief and the Department on their use of social media to reach out to the community.
ADJOURNMENT
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:52PM. VOTE 6/0
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Sandra M. Giovanelli, Town Clerk
FOR A FULL ACCOUNT OF THIS MEETING PLEASE REFER TO THE VIDEO RECORDING ACCESSIBLE ON THE TOWN’S WEBSITE, www.cumberlandri.org.